RULES OF PRACTICE FOR THE THIRD JUDICIAL DISTRICT COURT OF
THE STATE OF NEVADA

APPROVED BY THE SUPREME
COURT OF NEVADA

Effective June 28, 1983 and Including Amendments
Through September 1, 2013

ORDER

It Is Hereby
Ordered that the Rules of Practice for the Third Judicial District of
the State of Nevada be, and they hereby are, adopted. The rules shall read as
follows:

(Then followed Rules 1 to 12, inclusive.)

It Is Further
Ordered that the Rules of Practice for the Third Judicial District of
the State of Nevada approved by this Court on February 25, 1976, are hereby
superseded and repealed, effective June 28, 1983; and that publication of these
superseding rules be made by the mailing of a printed copy by the clerk of the
Court to each member of the State Bar of Nevada according to the clerk’s
official list of membership of such bar (which will include all district judges
and district attorneys) and the certificate of the clerk of this Court as to
such mailing shall be conclusive evidence of the approval and publication of
such rules in accordance with the provisions of NRS 2.120(2).

Dated this
29th day of April, 1983.

BY THE COURT

Noel E. Manoukian, Chief Justice

Charles E. Springer John
C. Mowbray

Associate Justice Associate
Justice

Thomas L. Steffen E.M.
Gunderson

Associate Justice Associate
Justice

RULES OF PRACTICE FOR THE THIRD JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA

Rule 1. Organization of the
court; application of the rules.

A. The Third Judicial District is
comprised of Churchill County and Lyon County and, as of January 1, 1988, consists
of two departments.

B. The word “rule,” without further
identification, means one of the Rules of Practice and may be cited as the
“Third Judicial District Court Rules” which may be referred to and abbreviated
as “T.J.D.C.R.”

C. These rules are intended to be
supplemental to the District Court Rules (D.C.R.) of the State of Nevada.

D. Whenever it appears to the court that a
particular situation does not fall within any of these rules, or that the
literal application of a rule would work hardship or injustice in any case, the
court shall make such order as the interests of justice require.

E. The Judges of this court may
interchange with each other. In the event of absence or upon the inability of a
Judge or when agreed by the Judges, either Judge may act in the department of
the other without specific assignment of causes.

F. Assignment of cases.

(1) All civil and criminal actions, except as
hereafter provided, shall be assigned to a department for all further action
therein when set for trial or pretrial, or when any contested matter has been
heard therein. Probate and guardianship matters, unless summary administration
be ordered, shall remain in the department in which they are first heard.

(2) Cases will not be reassigned unless upon good
cause and order signed by both Judges, or upon disqualification, or as
otherwise provided by rule or law.

[Added; effective November 6, 1987.]

Rule 2. Law and motion calendar.

A. The law and motion calendar shall be
called as follows:

Churchill County: Tuesday
of each week at 9:00 a.m.

Lyon County: Monday
of each week at 9:00 a.m.

B. When a legal holiday falls on either
Monday or Tuesday, the calendar for the county affected by the holiday will be
called on Wednesday of that week.

C. Except in cases of emergency, and with
the presiding judge’s written approval, no matter will be placed on the law and
motion calendar unless the clerk of the appropriate county is notified not
later than:

Churchill County: 12:00
noon of the preceding Monday.

Lyon County: 5:00
p.m. of the preceding Thursday.

[As amended; effective November 6, 1987.]

Rule 3. Setting for trial or
hearing.

A. Settings for trial or hearing will be
made by the court upon an application for setting being filed with the clerk
and served on all other parties. After filing the application, the clerk shall
place the case on the calendar for the next regular law and motion day next
following the expiration of fourteen (14) days after receipt of the
application. The clerk shall advise all parties of the date upon which the
setting will be made and shall provide each party with a setting questionnaire
in a form prescribed by the court. Parties shall complete and return the
questionnaire to the clerk prior to the date of the setting. The court will set
the matter for hearing at the earliest available date consistent with the
court’s calendar and the calendars of those parties who have returned the
questionnaire. The clerk shall then notify all parties of the date and time set
for the trial or hearing.

B. The following matters, if uncontested,
may be set by the clerk on any law and motion day upon request of counsel,
without compliance with Rule 3A:

(1) Adoptions.

(2) Divorces.

(3) Annulments.

(4) Estate proceedings.

(5) Guardianships.

(6) Name changes.

(7) Termination of parental rights.

(8) Default judgments.

(9) Proceedings under the Uniform Reciprocal
Enforcement of Support Act.

(10) Criminal arraignments, plea changes and
sentencings.

(11) Juvenile proceedings.

(12) Other similar matters.

[As amended; effective November 6, 1987.]

Rule 4. Pretrial.

A. The court may require a pretrial
conference.

B. Not later than ten (10) days prior to
the pretrial conference, and upon the initiative of counsel for plaintiff,
counsel who will try the case for the parties and who are authorized to make
binding stipulations shall meet personally, discuss settlement and prepare and
lodge with the court, and exchange with each other, a proposed written pretrial
order containing the following:

(1) A concise statement of the nature of the
action.

(2) A statement of all uncontested facts deemed
material in the action.

(3) A statement of the contested issues of fact
in the case.

(4) A statement of the contested issues of law in
the case.

(5) Plaintiff’s statement of any other issues of
fact or law deemed to be material.

(6) Defendant’s statement of any other issues of
fact or law deemed to be material.

(7) Lists or schedules of all exhibits which will
be offered in evidence by the parties at the trial. Such lists or schedules
shall:

(a) Describe the exhibits sufficiently for
ready identification;

(b) Indicate those exhibits agreed by the
parties to be admissible at trial; and

(c) With respect to each exhibit on the
lists or schedules, counsel shall either agree as to admissibility or reach
such stipulations regarding the exhibits as are possible. Stipulations as to
authenticity and identification of documents shall be made whenever possible.
All objections to exhibits and grounds for objections shall be listed.

(8) A statement by counsel for each party
indicating any depositions intended to be offered by him at the trial,
indicating with respect thereto the portions to be offered and the party or
parties against whom they will be offered. This shall not apply to depositions
to be used solely for impeachment.

(9) A statement by counsel for the party or
parties against whom deposition testimony is to be offered stating the
objections, and the grounds therefor, which counsel will assert at the trial to
the deposition testimony.

(10) A list of witnesses with their addresses who
will be called at the trial.

(11) The necessity or desirability of amendments
to the pleadings.

(12) The advisability of a preliminary reference
of issues to a special master.

C. Except when offered for impeachment or
rebuttal purposes, no exhibit shall be received and no witnesses shall be
permitted to testify at the trial unless listed in the pretrial order. However,
for good cause shown the court may allow an exception to this provision.

D. At the pretrial conference the court
will consider:

(1) The sufficiency of the proposed pretrial
order.

(2) The differences, if any, between the parties
as set forth in the proposed order concerning issues of law or fact.

(3) Motions and related matters, the hearing of
which had been deferred to the time of the pretrial conference.

(4) The necessity or desirability of amendments
to the pleadings.

(5) The advisability of a preliminary reference
of issues to a special master.

(6) Any other matter which may be presented
relative to parties, process, pleading or proof, with a view to simplifying the
issues and achieving a just, speedy and inexpensive determination of the case.

(7) Requirement with respect to trial briefs.

(8) Requirement with respect to requests for
instructions and suggested special questions to be asked by the court on voir
dire in cases to be tried by jury.

(9) The number of expert witnesses to be
permitted to testify on any one subject.

(10) The possibility of compromise or settlement,
but nothing with respect thereto shall be incorporated in the pretrial order or
the minutes of the pretrial conference, and any discussion with respect to
settlement shall be entirely without prejudice and may not be referred to
during the trial of the case or in any arguments or motions, unless the court
for good cause permits it.

E. Upon conclusion of the pretrial
conference, if not previously set for trial, the court will set the case for
trial and enter such further orders as the status of the case may require.

F. Failure of any counsel to appear at the
pretrial conference, to participate therein in good faith, to prepare fully
therefor, or to have complied in good faith with the rules governing pretrial
discovery procedures shall result in the court making such orders as deemed
appropriate, including the imposition of appropriate sanctions.

G. Form of pretrial order:

Case No.:

IN THE THIRD JUDICIAL
DISTRICT COURT OF THE STATE

OF NEVADA IN AND FOR
THE COUNTY OF..........

...................................................... ,

Plaintiff,

vs. PRETRIAL
ORDER

...................................................... ,

Defendant.

Following pretrial proceedings in the cause pursuant to
N.R.C.P. 16 and Local Rule 4,

IT IS ORDERED:

I

This is an action for: (State nature of action,
including relief sought and identification of parties.)

II

The following facts are admitted by the parties and
require no proof: (List admitted facts.)

The following are the issues of fact to be tried and determined
upon trial: (State each issue of fact separately and in specific terms. Should
counsel be unable to agree upon the language of the statement of issues of fact
to be tried and determined upon the trial, counsel shall include separate
statements of issues of fact to be tried and determined upon trial.)

The following are the issues of law to be tried and
determined upon trial: (State each issue of law separately and in specific
terms. Should counsel be unable to agree upon the language of the statement of
issues of law to be tried and determined upon the trial, counsel shall include
separate statements of issues of law to be tried and determined upon trial.)

The foregoing pretrial order has been approved by the
parties to this action as evidenced by the signatures of their counsel hereon,
and the order is hereby entered and will govern the trial of this case. This
order shall not be amended except by order of the court pursuant to agreement
of the parties or by the court on its own motion for good cause or to prevent
manifest injustice.

Any party may, within ten (10) days’ receipt of the
order, or in such lesser time as ordered by the court, move to modify.

B. Upon the court’s own motion when
necessary by reason of the other business of the court; or

C. Upon written stipulation of counsel,
endorsed by all parties and filed not less than ten (10) days prior to the date
of trial or hearing.

[As amended; effective November 6, 1987.]

Rule 6. Trial statements. At
least ten (10) days prior to trial in all cases in which no pretrial conference
has been held, counsel for all parties shall be required to meet and stipulate
to as many facts and issues as possible, or state why they cannot do so. A
certification that this portion of Rule 6 has been complied with shall be
annexed to the trial statement and made a part thereof.

At least five (5) days prior to a civil trial, each
party shall file and serve on all other parties a trial statement which shall
set forth the following matters in the following order:

A. A concise statement of the claimed
facts supporting the party’s claims or defenses.

B. A statement of admitted or undisputed
facts.

C. A statement of issues of law supported
by a memorandum of points and authorities.

D. In nonjury cases, a list of summaries
or schedules referring to attached itemized exhibits concerning any subject
matter which involves accounting, computation, chronology, or similar detail
data reasonably calling for orderly itemization (e.g. wages, income, expenses,
inventories, business operations, tax computations, disability periods,
property losses, itemizations of claimed losses or injuries), the data and
reasons upon which an expert bases his or her opinion (not the opinion itself),
which clearly reflects the claims, defenses, or offers of proof of the party in
such respects, together with reference to the records or other source upon
which such summaries or schedules are based.

E. The names and addresses of all
witnesses, except impeaching witnesses.

F. A list of special questions requested
to be propounded to prospective jurors.

G. Any other appropriate comment,
suggestion, or information which may assist the court in the trial or
disposition of the case.

H. In contested domestic relations cases,
the court may order both plaintiff and defendant to complete and file with the
court and serve on the opposing party a financial declaration statement
(provided by the court) no later than five (5) days prior to the date set for
the trial or hearing.

[As amended; effective November 6, 1987.]

Rule 7. Motions and similar
moving papers in civil cases.

A. Upon filing any motion, the moving
party shall file with the motion and serve on all parties a memorandum setting
forth the points and authorities relied upon in support of the motion.

B. An opposing party, unless otherwise
ordered by the court, shall have ten (10) days after service of the moving
party’s memorandum within which to serve and file a memorandum of points and
authorities in opposition to the motion.

C. The moving party, unless otherwise
ordered by the court, shall have ten (10) days after service of the opposing
memorandum to file and serve a reply memorandum of points and authorities, if
he so desires.

D. The failure of a moving party to file a
memorandum of points and authorities in support of a motion shall constitute a
consent to the denial of the motion; the failure of an opposing party to file a
memorandum of points and authorities in opposition to any motion within the
time permitted shall constitute a consent to the granting of the motion.

F. On motions for summary judgment, each
party shall file a concise statement setting forth each fact material to the
disposition of the motion which the party claims is or is not genuinely in
issue, and cite the particular portions of any pleading, affidavit, deposition,
interrogatory, answer, admission, or other matter upon which he relies in
making such argument.

G. Oral argument.

1. Decisions on all motions, unless
otherwise provided for in these rules, shall be rendered without oral argument
unless oral argument is requested by the court, in which event the court shall
set a date and time for hearing, which hearing shall be set in accordance with
the provisions of Rule 3A. Either party may request a hearing, which request
may be granted or denied by the court.

2. In all cases where the granting of a
motion would dispose of the action on the merits, with prejudice, the party
resisting the motion may request oral argument, and such request shall be
granted unless the motion is denied. If no such request is made, oral arguments
shall be deemed to have been waived.

3. Either party may, in writing, upon
expiration of the time in which the moving party has to file a reply
memorandum, notify the clerk who shall in turn inform the court that the matter
is submitted to the court for decision.

[As amended; effective November 6, 1987.]

Rule 8. Jury instructions. Proposed
special jury instructions and forms of verdicts must be served on all counsel
and received by the judge at the commencement of the trial. Additionally,
special instructions developed during the course of the trial and which could
not reasonably have been anticipated before trial shall be exchanged by counsel
and submitted to the court as soon as practicable. An original and one copy of
each instruction requested by any party must be tendered to the court. The
copies must indicate who tendered them.

A. All original proposed jury instructions
shall be in clear, legible type on clean, white paper of standard quality, not
less than 16-lb. weight, 8 1/2 x 11 inches in size, with black border line and
no less than 28 numbered lines.

B. The designation “Instruction No.
...............” shall be centered on line one (of the first page) of each
instruction.

C. The original instructions shall not
bear any markings identifying the submitting attorney, and shall not contain
any citations of authority. No portion thereof shall be in capital letters,
underlined or otherwise emphasized.

D. Counsel are required to submit
authorities, if any, and the same may appear on a carbon copy or photocopy of
the instructions.

E. The instructions given to the jury will
be firmly bound together and the judge shall writ the word “Given” at the
conclusion thereof and sign the last of the instructions to signify that all
have been given.

[Added; effective November 6, 1987.]

Rule 9. Voir dire examination. The
judge shall conduct the voir dire examination of the jurors. Proposed voir dire
questions by the parties or their attorneys must be submitted to the court in
chambers not less than ten (10) days before the day the trial is to commence.
Upon the request of counsel made and approved prior to the commencement of the
trial, the trial judge may permit such counsel to supplement the judge’s
examination by oral and direct questioning of any of the prospective jurors.
The scope of such additional questions or supplemental examination shall be
within reasonable limits prescribed by the trial judge in his sound discretion.

The following areas on inquiry are not properly within
the scope of voir dire examination by counsel:

A. Questions already asked by the court or
counsel and answered.

B. Questions touching upon anticipated
instructions on the law.

C. Questions touching upon the verdict a
juror would return when based upon hypothetical facts.

D. Questions that are, in substance,
arguments of the case.

[Added; effective November 6, 1987.]

Rule 10. Courtroom conduct and
attire. Proceedings in court should be conducted with
fitting dignity and decorum.

In no event will t-shirts, tank or halter tops, shorts,
soiled or unkempt clothing, thongs, sandals or casual exercise apparel be
allowed.

[Added; effective November 6, 1987]

Rule 11. Sanctions for
noncompliance.If a party or an
attorney fails, refuses or neglects to comply with these rules, the District
Court Rules, the Nevada Rules of Civil Procedure, the Supreme Court Rules, or
any statutory requirements, the court may, after notice and an opportunity to
be heard, impose any and all sanctions authorized by statute or rule,
including, without limitation, the following:

A. Hold the disobedient party or attorney
in contempt of court.

B. Continue any hearing until the
disobedient party or attorney has complied with the requirements imposed, and
require the disobedient party to pay the other party his expenses, including a
reasonable attorney’s fee, incurred in preparing for and attending such
hearing, together with costs and attorney’s fees incurred as a result of such
continuance.

C. Set the case for immediate trial.

D. Impose a fine.

E. Continue the trial subject to
prescribed conditions.

F. Where such party or attorney has failed
to make an adequate and fair disclosure of any matters in his pretrial
memorandum or at the pretrial conference, refuse to allow the disobedient party
or attorney to support or oppose designated claims or defenses, or prohibit him
from introducing evidence of physical or mental condition or from introducing
in evidence designated documents or things or items of testimony.

G. Enter the default of the disobedient
party or attorney and, in the court’s sound discretion, dismiss the action or
strike the defense of the disobedient party or attorney, with or without
prejudice.

[As amended; effective November 6, 1987.]

Rule 12. Settlements in jury
trials.

A. Any civil case settled after a jury has
been summoned may be settled only upon condition that one or more of the
parties involved reimburse the county for all expenses incurred to the date of
settlement in summoning and securing the attendance of all prospective jurors.

B. No plea
bargain will be considered or accepted by the court in any criminal case after
a jury has been summoned. Nothing in this subsection shall prevent the
defendant in the criminal case from entering a plea of guilty to the original
charge against said defendant.

Rule 13. Jury commissioner;
jurors.

A. Pursuant to the provision of NRS 6.045, as amended, the court
hereby designates the clerk of the court of each county, or such deputy clerk
as may be assigned with the approval of the judges, as jury commissioner. The
district judges may assign to the jury commissioner such administrative duties
in connection with trial juries and jurors as the court finds desirable for
efficient administration. The jury commissioner is directly responsible to the
district court.

B. The jury commissioner shall, on or
before the 15th day of January of each year, estimate the number of trial
jurors which shall be required for attendance in the district court and shall
select that number from the qualified electors of the county not exempt by law
from jury duty, whether registered as voters or not. The jurors may be selected
by computer whenever procedures to assure random selection from computerized
lists are established by the jury commissioner. Such commissioner shall keep a
record of the name, occupation and address of each person selected.

C. At least two (2) weeks prior to the
time when the persons whose names are drawn are required to appear for jury
service, the jury commissioner shall draw a regular panel of trial jurors for a
designated case from the venire established by the selection process outlined
in subparagraph B of this rule. The jury commissioner shall make a list of the
names obtained and retain said list in the jury commissioner’s office subject
to inspection by any officer or attorney of the court, furnish a copy of the
same to each attorney involved and issue a venire and deliver the same to the
sheriff. The sheriff shall make return of the venire to the jury commissioner
at least one (1) day prior to the day named for the prospective jurors’
appearance. Such selection may be by computer whenever procedures to assure
random selection from the panel of trial jurors are established by the jury
commissioner.

D. Each person summoned as a trial juror
pursuant to law and this rule shall serve for a period of time set by the
court.

E. The names of prospective jurors who
have been summoned for service in a department of the court and whose services
subsequently are not required shall be returned by the jury commissioner to the
master list of prospective jurors as selected pursuant to subparagraph B of
this rule.

F. A person summoned for jury service may
be excused by the jury commissioner because of sickness or physical disability,
serious illness or death of a member of his or her immediate family, undue
hardship or extreme inconvenience or public necessity.